Patna High Court
Lalten YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail cannot be granted when there is an inordinate delay, as the doctrine of laches bars such relief.
Summary
The petitioners, a group of Yadav individuals, filed an application for anticipatory bail before the Patna High Court in a criminal miscellaneous case arising from a 2017 incident. The State of Bihar opposed the bail. The court noted that the petition was filed almost eight years after the alleged offence and the earlier order rejecting anticipatory bail in 2018. Relying on the principle of laches and the undue delay, the court held that such a delay defeats the purpose of anticipatory bail. Consequently, the court rejected the petitioners' prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted after an inordinate delay of eight years since the alleged offence.
- Whether the doctrine of laches applies to applications for anticipatory bail.
Subjects
- anticipatory bail
- delay
- laches
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20080 of 2026
Arising Out of PS. Case No.-291 Year-2017 Thana- BELHAR District- Banka
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1. Lalten Yadav S/o Late Munshi Yadav Resident of vill- Tari Manjhgayn, P.S-
Belhar, Distt.- Banka
2. Dablu Kumar @ Dablu Yadav S/o Late Nuneshwar Yadav @ Late Nunu
Yadav Resident of vill- Tari Manjhgayn, P.S- Belhar, Distt.- Banka
3. Bablu Yadav S/o Late Nuneshwar Yadav @ Late Nunu Yadav Resident of
vill- Tari Manjhgayn, P.S- Belhar, Distt.- Banka
4. Niranjan Yadav @ Nijo Yadav S/o Shgaligram Yadav Resident of vill- Tari
Manjhgayn, P.S- Belhar, Distt.- Banka
5. Kedar Kumar @ Kedar Yadav S/o Shankar Yadav R/o vill - Sabalpur, P.S.-
Laxmipur, Distt.- Jamui
6. Ranjit Yadav S/o Lalten Yadav Resident of vill- Tari Manjhgayn, P.S-
Belhar, Distt.- Banka
7. Ganga Yadav S/o Lalten Yadav Resident of vill- Tari Manjhgayn, P.S-
Belhar, Distt.- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the parties.
2. The case is of year 2017 and the impugned order
rejecting anticipatory bail is of year 2018. The petitioner has not
chosen to approach this Court almost about eight years and on
the ground of latches and delay, this Court is not inclined to
grant anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.20080 of 2026(2) dt.08-04-2026
2/2
3. Prayer for anticipatory bail is rejected.
(Praveen Kumar, J)
shivam/-
U T
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